(영문) 서울남부지방법원 2016.03.09 2015고단264



The defendant shall be innocent.


1. On April 2014, the Defendant is a plan to list the Defendant’s G office operated by the Defendant, the Guro-gu Seoul Metropolitan Government F 1106, with the intent to enter China, at the victim H, “The Victim H had entered into a supply contract with Japan and products, and at the I excessive contract formation stage.”

A loan of KRW 100 million will be offered as security 20,000 stocks G Co., Ltd. equivalent to KRW 3,000,000, and 20% of interest will be repaid after a month.

In addition, in return for lending KRW 100 million, 50,000 per share will be sold to 600 won per share, so that the listing will gain a big benefit, and if the company becomes a fund, it will pay dividends to the above 50,000 won per share or be sold in KRW 4,00 per share.

“A false statement was made to the effect that it was “.”

However, in fact, G Co., Ltd., which was acquired by the Defendant around October 2012, accumulated business losses between approximately 6-7 years at the time of acquisition, thereby capital was over KRW 3 billion, and the delinquent amount of national tax was approximately KRW 50 million, and was acquired without any payment from J, and there was no sales after the acquisition and no rent was paid at around April 2014, and thus, it was impossible to continue the business of the above company, and therefore there was little value of the above company’s shares, and it was impossible to list or pay dividends due to capital erosion.

On the other hand, the defendant did not have entered into a supply contract with Japan, and there was no specific plan to enter China.

In addition, the Defendant did not have any property at all in bad credit, while at least KRW 200,00,000, and thus, even if he borrowed money from the injured party, he did not have any intention or ability to repay the borrowed money or pay dividends to the shares, or to sell shares in KRW 600,00.

Nevertheless, it is not possible.